NAND KISHORE Vs. CHARAN SINGH AND ANOTHER

JUDGEMENT

(1.) This is a defendants second appeal in a suit for specific performance of a contract to sell certain land.

(2.) The plaintiffs case was that one Ram Das was the bhumidhar in possession of the land. He entered into an agreement to sell it in favour of the plaintiff for Rs. 900.00 out of which Rs. 60.00 was received as advance for depositing 10 times the revenue in order to become a bhumidhar and the sum of Rs. 440.00 was paid as further advance towards the price on 3rd Jan., 1966 at the time of the registration of the said agreement to sell before the Sub-Registrar. It was alleged that according to the agreement the sale was to be executed after completion of the consolidation operations in the village on receiving the balance amount of Rs. 400.00 from the plaintiff. According to the agreement the plaintiff was required to serve a 15 days notice after the completion of the consolidation operation on the defendant requiring him to execute a sale-deed, but it appears that the plaintiff did not serve any such notice, instead he alleged that after the completion of the consolidation operations he went to Ram Das several limes but as he was ill, he promised to execute the sale-deed when he got well. However, he died on 7th Nov., 1966 before the sale-deed could be executed. The suit was filed against' the defendants who were said to be the legal representatives of Ram Das after serving them with a notice dated 8th Nov., 1966 on their refusal to do so.

(3.) The first defendant, who was the appellant in this Court and having died is now represented by his legal representatives admitted the fact of the agreement and that the defendants were the heirs of Ram Das but denied all other allegations. He alleged that according to the terms of the agreement the plaintiff should have got the sale-deed executed within a month of the end of the consolidation operations. It was further alleged that Ram Das died on 7th Nov., 1966 and on the date on which he died he had executed a will in favour of the first defendant and had also served a notice on the plaintiff through counsel revoking the agreement and offering to refund the amount of advance paid at the time of its execution.